AC-21 Portability Question

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GC_Ranger

Registered Users (C)
AC-21 Portability Question

Hello All
I have a very convoluted situation. MY GC is being processed by a Houston based company 'X' (relative) for which I never worked.

I am on 7th extension working for a client as a consultant. Client is forcing me to
convert as an employee. I do not have any options but to join the client. My client's attorney and my 'X' company attornies recommending to file 485 with Houston company and after 181 days use AC21 clause to transfer the GC processing to the client (new employer).

I need your advise as to what is the best course of action in this situation.


PD 2/4/2002 (EB2 - India)
Labor AD 11/23/2005
I-140 AD 1/13/2006
485 - Not filed yet. :confused:
 
GC_Ranger said:
Hello Experts - Please reply
Click to expand...

You have nothing to worry about. File I-485 through your current employer, change jobs afte 180 days and file for AC 21.

There's nothing complicated.

An advice from an immigration attorney should take precendence than someone out here.
 
Hello Minn_Labor AC21 question

minn_labor said:
You have nothing to worry about. File I-485 through your current employer, change jobs afte 180 days and file for AC 21.

There's nothing complicated.

An advice from an immigration attorney should take precendence than someone out here.
Click to expand...
Hello Minn_labor

I did not quite understand. You are suggesting join the client and continue 485 with Houston company and use AC21 after 180 days... Please advise.
My worry is I never worked for this Houston based company and If I join the client I may not work for him at all
 
You mentioned in your first post that your GC process is through the Houston based company. I think I misread part of your post. My apologies. I thought you were currently working for the Houston based company and through them you filed your GC.

After rereading, I realized, that you have never worked for the Houston based company. Is the Houston based company legit? Are they in the same business and can sponsor you for the same position as the client?

What is your current status?

I wouldn't recommend you to join the client and file your I-140 through the Houston based company. If USCIS digs into the case and finds the different dates, you could be in trouble.

Try to see if you can work something out where the client can sponsor you for a GC process or you can put off joining the clicent for the required time for the transfer on AC21 to be legit.
 
minn_labor said:
You mentioned in your first post that your GC process is through the Houston based company. I think I misread part of your post. My apologies. I thought you were currently working for the Houston based company and through them you filed your GC.

After rereading, I realized, that you have never worked for the Houston based company. Is the Houston based company legit? Are they in the same business and can sponsor you for the same position as the client?

What is your current status?

I wouldn't recommend you to join the client and file your I-140 through the Houston based company. If USCIS digs into the case and finds the different dates, you could be in trouble.

Try to see if you can work something out where the client can sponsor you for a GC process or you can put off joining the clicent for the required time for the transfer on AC21 to be legit.
Click to expand...


Here is my situation again:
I am on 8th year extension - H1B valid 12/06
I-140 cleared (Houston based company) EB2 PD 02/4/02
Client's attorney suggesting continue 485 with Houston company
and transfer that to client after 180 days (as per AC21 ).
Houston based is a legitimate company and they are giving me an
offer for 485 processing.
My client will start processing GC again just to be safe.
Now tell me if this is safe and something you would recommend.
 
minn_labor said:
You mentioned in your first post that your GC process is through the Houston based company. I think I misread part of your post. My apologies. I thought you were currently working for the Houston based company and through them you filed your GC.

After rereading, I realized, that you have never worked for the Houston based company. Is the Houston based company legit? Are they in the same business and can sponsor you for the same position as the client?

What is your current status?

I wouldn't recommend you to join the client and file your I-140 through the Houston based company. If USCIS digs into the case and finds the different dates, you could be in trouble.

Try to see if you can work something out where the client can sponsor you for a GC process or you can put off joining the clicent for the required time for the transfer on AC21 to be legit.
Click to expand...


Here is my situation again:
I am on 8th year extension - H1B valid 12/06
I-140 cleared (Houston based company) EB2 PD 02/4/02
Client's attorney suggesting continue 485 with Houston company
and transfer that to client after 180 days (as per AC21 ).
Houston based is a legitimate company and they are giving me an
offer for 485 processing.
My client will start processing GC again just to be safe.
Now tell me if this is safe and something you would recommend.
 
GC_Ranger said:
Here is my situation again:
I am on 8th year extension - H1B valid 12/06
I-140 cleared (Houston based company) EB2 PD 02/4/02
Client's attorney suggesting continue 485 with Houston company
and transfer that to client after 180 days (as per AC21 ).
Houston based is a legitimate company and they are giving me an
offer for 485 processing.
My client will start processing GC again just to be safe.
Now tell me if this is safe and something you would recommend.
Click to expand...

yes it is safe to move to the client using AC21, if the job on your labor certificate is kinda similar to that at the new client. However, I wouldn't want to be on the client payroll before 180 days from I-485 notice date. That's to be safe.
 
minn_labor said:
yes it is safe to move to the client using AC21, if the job on your labor certificate is kinda similar to that at the new client. However, I wouldn't want to be on the client payroll before 180 days from I-485 notice date. That's to be safe.
Click to expand...


I am not sure when will I be filing my 485. I need a job right now. My client is transferring my H1B right now so that I can work. Then start new GC processing all over again. Meanwhile If I file my 485 and it is 180 days then figure out if I can use AC21 or join the Houston company. Do you agree ?
 
GC_Ranger said:
I am not sure when will I be filing my 485. I need a job right now. My client is transferring my H1B right now so that I can work. Then start new GC processing all over again. Meanwhile If I file my 485 and it is 180 days then figure out if I can use AC21 or join the Houston company. Do you agree ?
Click to expand...

Yes, you can transfer the process to your new employer using AC21 if you move 180 days after filing your I-485.
If you start a new GC process with your new employer, I think you will be able to maintain your priority date. I think there's a form that you file or when you file your new I-140, you send in a copy of your old I-140. check on that. That way you will not lose anything especially since you cannot yet file for I-485.
 
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